(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREPLACE.
A built in place masonry hearth and fire chamber or a factory-built appliance designed to burn solid-fuel or to accommodate a gas or electric log insert or similar device, which is intended for occasional recreational or aesthetic use and not for cooking, heating, or industrial processes.
SOLID FUEL.
Includes, but is not limited to, wood, coal, or other nongaseous or non-liquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Officer as “inappropriate fuel” to burn in residential wood burning devices.
WOOD STOVE.
A solid-fuel burning heating appliance, including a pellet stove, which is either freestanding or designed to be inserted into a fireplace.
(B) Restrictions. On or after the effective date, no person, firm, or corporation shall construct or install a fireplace or a wood stove, and the Building Official shall not approve or issue a permit to construct or install a fireplace or a wood stove, unless the fireplace or wood stove is one of the following:
(1) A fireplace which has a permanently installed gas or electric log insert.
(2) A fireplace, wood stove, or other solid-fuel burning appliance which has been certified by the United States Environmental Protection Agency as conforming to 40 CFR Part 60, Subpart AAA, as in effect on July 1, 1990.
(3) A fireplace, wood stove, or other solid-fuel burning appliance which has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, as in effect on July 1, 1990.
(4) A fireplace, wood stove, or other solid-fuel burning appliance which has been determined by the Maricopa County Air Pollution Control Officer to meet standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, as in effect on July 1, 1990.
(5) A fireplace which has a permanently installed wood stove insert which complies with (2), (3) or (4) above.
(C) Unregulated and nonprohibited installations. The following installations are not regulated or prohibited by this section:
(1) Furnaces, boilers, incinerators, kilns, and other similar space heating or industrial process equipment.
(2) Cook stoves, barbecue grills, and similar appliances designed primarily for cooking.
(3) Fire pits, barbecue grills, and other outdoor fireplaces.
(D) Alterations prohibited. The following alterations are prohibited:
(1) On or after the effective date, no person, firm, or corporation shall alter or remove a gas or electric log insert or a wood stove insert from a fireplace for purposes of converting the fireplace to directly burn wood or other solid-fuel.
(2) On or after the effective date, no person, firm, or corporation shall construct or install a fireplace, wood stove, or other solid-fuel burning appliance in any manner that would void its certification or operational compliance with the provisions of this section.
(E) Penalties. Among other penalties which may apply, any person, firm, or corporation that violates any provision of this section shall be guilty of a Class 1 misdemeanor in accordance with the provisions of § 10.99.
(F) Effective date. The regulations and prohibitions set forth in this section shall be effective on December 31, 1998.
(G) Other requirements. In addition to the provisions and restrictions of this section, construction, installation, or alteration of all fireplaces, wood stoves, and other gas, electric, or solid-fuel burning appliances and equipment shall be done in compliance with provisions of the town code and shall be subject to the permits and inspections required by the town.
(`87 Code, § 7-1-3) (Am. Ord. 92-08, passed 8-31-92; Am. Ord. 98-17, passed 10-19-98) Penalty, see § 10.99